logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.06 2016가단5226694
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 16, 2012, the future2 Savings Bank Co., Ltd. extended a loan of KRW 7 million to B, who is the Plaintiff’s husband, with a maturity of KRW 5 million on December 16, 2013, at the rate of 25.5% per annum, and at the rate of delay damages, at 39% per annum (hereinafter “instant loan”). On the same day, the Plaintiff provided a joint and several guarantee with a ceiling of the collateral guarantee amount of KRW 98 million for the above obligations of the Plaintiff on the same day (hereinafter “instant loan”). On the same day, C, which was represented by the Plaintiff, a notary public of the said bank, the future Savings Bank, B, and C, representing both the Plaintiff and the Plaintiff, was written by a law firm No. 2466 on the same day (hereinafter “notarial deed”).

B. Meanwhile, on November 29, 2011, the future 2 Savings Bank, a corporation, changed its trade name into the Swiss Savings Bank, Inc. on April 12, 201, and completed the registration of change as to April 12, 2012. On April 29, 2014, the Seoul Central District Court declared bankruptcy as Seoul Central District Court 201Hahap53, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

(hereinafter referred to as the "Bankruptcy Bank"), regardless of whether it is before or after the declaration of the bankruptcy.

On October 14, 2014, the Plaintiff filed an application for immunity with the Ulsan District Court 2014No637 (hereinafter “instant immunity”) and received a decision of exemption on April 14, 2015, and the said decision became final and conclusive at that time. The Plaintiff omitted the instant claim against the Plaintiff of the Bankrupt Bank in the list of creditors submitted to the court upon filing an application for exemption.

On August 17, 2015, the bankruptcy trustee of the bankrupt bank was issued a provisional seizure order against the plaintiff's claim for insurance money against the life insurance company by Seoul Central District Court 2015Kadan807711, with respect to the claim of this case as the claim of this case. On December 8, 2015, the bankruptcy trustee of the bankrupt bank transferred provisional seizure to the provisional seizure order by the same court 2015 Tage105988.

arrow